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Agreement No. ####### <br />AGENCY <br />Page 10 of 14 <br />visit the Office of Regional and Interagency Planning DBE website at <br />http://www. dot.ca.gov/hq/tpp/offices/orip/DBE/DBE. htmI <br />18. Drug -Free Workplace Certification <br />A. By signing this FTA, AGENCY hereby certifies under penalty of perjury under the <br />laws of California that AGENCY will comply with the requirements of the Drug - <br />Free Workplace Act of 1990 (GC section 8350 et seq.) and will provide a drug- <br />free workplace by doing all of the following: <br />1) Publish a statement notifying employees that unlawful manufacture, <br />distribution, dispensation, possession, or use of a controlled substance is <br />prohibited and specifying actions to be taken against employees for violations, <br />as required by GC section 8355(a). <br />B. Establish a Drug -Free Awareness Program as required by GC section 8355(b) to <br />inform employees about all of the following: <br />1) the dangers of drug abuse in the workplace, <br />2) the person's or organization's policy of maintaining a drug-free workplace, <br />3) any available counseling, rehabilitation, and employee assistance programs, <br />4) penalties that may be imposed upon employees for drug abuse violations. <br />C. Provide, as required by GC section 8355(c), that every employee <br />1) who works on the proposed contract or grant will receive a copy of the <br />company's drug-free policy statement <br />2) will agree to abide by the terms of the company's statement as a condition of <br />employment on the contract or grant. <br />D. Failure to comply with these requirements may result in suspension of payments <br />under this FTA or termination of this FTA or both, and AGENCY may be ineligible <br />for the award of any future State FTAs if CALTRANS determines that any of the <br />following has occurred: (1) AGENCY has made a false certification or, (2) <br />AGENCY violates the certification by failing to carry out the requirements as <br />noted above. <br />19. Relationship of Parties <br />It is expressly understood that this FTA is an agreement executed by and between <br />two independent governmental entities and is not intended to, and shall not be <br />construed to, create the relationship of agent, servant, employee, partnership, joint <br />venture or association, or any other relationship whatsoever other than that of an <br />independent party. <br />20. State -Owned Data <br />